(PC) Deegan v. Cueva
(PC) Deegan v. Cueva
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SIDNEY ROSS DEEGAN, JR., No. 2:23-cv-1130 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 DANIEL E. CUEVA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under
42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 28, 2025, the Magistrate Judge filed findings and recommendations 21 herein which were served on plaintiff and which contained notice to plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff has not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States,
602 F.2d 207, 208(9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,
708 F.2d 452, 454 27 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 28 recommendations to be supported by the record and by the Magistrate Judge’s 1 | analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed March 28, 2025 are adopted in full; 4 | and 5 2. All claims other than claims for damages against defendants Carter and 6 || Mathews arising under the Eighth Amendment for exposing plaintiff to harmful 7 | conditions of confinement are dismissed without leave to amend; and 8 3. This matter is referred back to the assigned Magistrate Judge for all further 9 | pretrial proceedings. 10 14 IT IS SO ORDERED. 12 | Dated: _May 7, 2025 “Dane A Ch brett Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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